Selective Prosecution?
Selective Prosecution happens when a criminal prosecution is brought at the discretion of a prosecutor rather than as a matter of course in the normal functioning of the prosecuting authority's office. To many, it seemed that the Middlesex County Prosecutor's Office would have hinged on selective prosecution if they had pursued the charges against Gallon, Kemp, an Kelly.
The answer as to why the State decided to even consider charges against Gallon, Kemp, and Kelly, making it the first known case in New Jersey to ever result in an arrest and attempt to prosecute persons for a school enrollment issue may never be known. Though the attorneys for the defendants called it an “aberration” and had planned to vigorously defend the charges, Kemp and Kelly were initially provided access to the State Intervention option but Gallon was denied. Thomas Ashley, Gallon’s high-powered Newark attorney filed an Appeal to the denial. An argument to the appeal was never heard in court and Gallon was provided the option without any explanation from the State.
The answer as to why the State decided to even consider charges against Gallon, Kemp, and Kelly, making it the first known case in New Jersey to ever result in an arrest and attempt to prosecute persons for a school enrollment issue may never be known. Though the attorneys for the defendants called it an “aberration” and had planned to vigorously defend the charges, Kemp and Kelly were initially provided access to the State Intervention option but Gallon was denied. Thomas Ashley, Gallon’s high-powered Newark attorney filed an Appeal to the denial. An argument to the appeal was never heard in court and Gallon was provided the option without any explanation from the State.
The fact that Gallon, who was embroiled in a bitter battle with a newly elected School Board majority that campaigned publicly on a platform to get rid of him, yet reached a settlement in which he was paid over $100,000.00 is even more troubling and further calls into question how local and possibly state politics are played at the expense of children in one of New Jersey’s most neediest and troubled districts. The new Board majority after only one week in office took action to remove Superintendent Gallon from office. This action along with the actions of the Middlesex County Prosecutor's Office call into question the real motives around the Gallon saga. Were they working together? Were in local or state politicians involved?
The Middlesex County Prosecutor’s Office on one end should be applauded for not wasting tax payer’s dollars on what seemed to had been an already resolved, victimless matter. However, the question still looms as to the reason that arrests were made and charges were even considered against the trio in the first place. These are questions that may remain unanswered and left to speculation, rumor, or innuendo. People will continue to ask whether the matter was fueled by politics, power, racism, or a combination of the three.
The Middlesex County Prosecutor’s Office on one end should be applauded for not wasting tax payer’s dollars on what seemed to had been an already resolved, victimless matter. However, the question still looms as to the reason that arrests were made and charges were even considered against the trio in the first place. These are questions that may remain unanswered and left to speculation, rumor, or innuendo. People will continue to ask whether the matter was fueled by politics, power, racism, or a combination of the three.
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